Page:United States Statutes at Large Volume 116 Part 2.djvu/390

 116 STAT. 1172 PUBLIC LAW 107-217—AUG. 21, 2002 (2) SECTION 3145.— Section 3145 of this title applies to contractors and subcontractors referred to in section 3145 who are engaged in the performance of contracts subject to this chapter. §3704. Health and safety standards in building trades and construction industry (a) CONDITION OF CONTRACTS.— (1) IN GENERAL.— Each contract in an amount greater than $100,000 that is entered into under legislation subject to Reorganization Plan Numbered 14 of 1950 (eff. May 24, 1950, 64 Stat. 1267) and is for construction, alteration, and repair, including painting and decorating, must provide that no contractor or subcontractor contracting for any part of the contract work shall require any laborer or mechanic employed in the performance of the contract to work in surroundings or under working conditions that are unsanitary, hazardous, or dangerous to health or safety, as established under construction safety and health standards the Secretary of Labor prescribes by regulation based on proceedings pursuant to section 553 of title 5, provided that the proceedings include a hearing similar in nature to that authorized by section 553. (2) CONSULTATION.— In formulating standards under this section, the Secretary shall consult with the Advisory Committee created by subsection (d) of this section. (b) COMPLIANCE.— (1) ACTIONS TO GAIN COMPLIANCE.—The Secretary may make inspections, hold hearings, issue orders, and make decisions based on findings of fact as the Secretary considers necessary to gain compliance with this section and any health and safety standard the Secretary prescribes under subsection (a). For those purposes the Secretary and the United States district courts have the authority and jurisdiction provided by sections 4 and 5 of the Walsh-Healey Act (41 U.S.C. 38, 39). (2) REMEDY WHEN NONCOMPLIANCE FOUND. —When the Secretary, after an opportunity for an adjudicatory hearing by the Secretary, establishes noncompliance under this section of any condition of a contract described in— (A) section 3701(b)(l)(B)(i) or (ii) of this title, the governmental agency for which the contract work is done may cancel the contract and make other contracts for the completion of the contract work, charging any additional cost to the original contractor; or (B) section 3701(b)(l)(B)(iii) of this title, the governmental agency which is providing the financial guarantee, assistance, or insurance for the contract work may withhold the guarantee, assistance, or insurance attributable to the performance of the contract. (3) NONAPPLICABILITY.—Section 3703 of this title does not apply to the enforcement of this section. (c) REPEATED VIOLATIONS.— (1) TRANSMITTAL OF NAMES OF REPEAT VIOLATORS TO COMP- TROLLER GENERAL.— When the Secretary, after an opportunity for an agency hearing, decides on the record that, by repeated willful or grossly negligent violations of this chapter, a contractor or subcontractor has demonstrated that subsection (b) is not effective to protect the safety and health of the employees of the contractor or subcontractor, the Secretary shall make

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